Chapter 6 – BUILDINGS AND BUILDING REGULATION

ARTICLE I. - IN GENERAL

ARTICLE II. - ADMINISTRATION

ARTICLE III. - BUILDING CONSTRUCTION STANDARDS

ARTICLE IV. - ELECTRICAL, PLUMBING, MECHANICAL & GAS

ARTICLE V. - FENCES, WALLS, HEDGES

ARTICLE VI. - SWIMMING POOLS

ARTICLE VII. - CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO OBTAIN BUILDING PERMIT

ARTICLE VIII. - INTERNATIONAL PROPERTY MAINTENANCE CODE

ARTICLE I. - IN GENERAL

Sec. 6-1. - Purpose.

The purpose of this chapter is to provide certain minimum standards and requirements in all matters relating to buildings and structures and the uses thereof and to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment.

Sec. 6-2. - Compliance with chapter.

No building or structure shall hereafter be constructed, altered, repaired or removed, nor shall the equipment of a building, structure or premises be constructed, installed, altered, repaired or removed, except in conformity with the provisions of this chapter.

No building or structure shall be altered in any manner that would be in violation of the provisions of this chapter or any authorized rule or approval of the building inspector made and issued pursuant to this chapter.

Sec. 6-3. - Use of building erected or altered in violation of chapter.

It shall be unlawful for any person to maintain, occupy or use a building or structure, or part thereof, that has been erected or altered in violation of the provisions of this chapter.

Sec. 6-4. - Violations.

Any person who shall violate a provision of this chapter or fail to comply herewith or with any of the requirements hereof, or who shall erect, construct, alter or repair, or has erected, constructed, altered or repaired a building or structure in violation of a detailed statement or plan submitted and approved hereunder, or of a permit or certificate issued hereunder, shall be guilty of a violation of this Code and shall be punished in accordance with section 1-15.

Sec. 6-5. - Authority of building official to stop work if contrary to public welfare.

Whenever in the opinion of the building official, by reason of defective or illegal work in violation of a provision or requirement of this chapter, the continuance of a building operation is contrary to the public welfare, he may order in writing that all further work be stopped and may require suspension of work until the condition in violation has been remedied.

Sec. 6-6. - Energy efficiency code adopted.

(a) The Florida Energy Efficiency Code for Building Construction is hereby adopted by reference as the Winter Springs Energy Efficiency Building Code for use within the city.

(b) The energy efficiency building code is on file and available for public inspection in the building department of the city.

Secs. 6-7—6-30. - Reserved.

ARTICLE II. - ADMINISTRATION

DIVISON 1. GENERALLY

Sec. 6-31. - Administrative amendments to Chapter 1 of the Florida Building Code.

Chapter 1 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes (2001), is hereby amended in the following respects: (The section numbers in italics provided below are for reference purposes only, and are included to provide ease of reference between this chapter and the Florida Building Code. Further, certain portions of Chapter 1 of the Florida Building Code unaffected by these local amendments are omitted from this section 6-31 altogether and/or indicated by ellipses (***). Those sections of Chapter 1 of the Florida Building Code omitted from this section 6-31 and/or indicated by an ellipses shall remain in full force and effect as set forth in the Florida Building Code.)

101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception:

1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate

means of egress and their accessory structures shall comply with the Florida Building Code, Residential.

2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Florida Building Code, Existing.

101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. The City of Winter Springs hereby adopts Appendix F, Rodent Proofing.

101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building.

101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein.

101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. The city shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.

101.4.4 Property maintenance. The provisions of the International Property Maintenance Code, 2006, as adopted by Article VIII of this Chapter, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of the Florida Building Code. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law:

a) Building and structures specifically regulated and preempted by the federal government.

b) Railroads and ancillary facilities associated with the railroad.

c) Nonresidential farm buildings on farms.

d) Temporary buildings or sheds used exclusively for construction purposes.

e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by the City.

f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity.

g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises.

h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

I) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

102.5 Partial invalidity. In the event that any part or provision of the Florida Building Code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code, 2006, or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

103.1 Building Division. There is hereby established a division of the Community Development Department called the Building Division. The Building Division shall be led by the building official, who in turn will report to the community development director.

103.2 Building Official. The building official shall be hired or appointed by the community development director, with the approval of the city manager, and shall be licensed in accordance with Chapter 553, Florida Statutes, as may be amended, as a Building Code Administrator by the State of Florida.

103.3 Building Division Employees. The community development director, with the approval of the city manager, may appoint or hire such number of officers, inspectors, plans examiners, and other assistants to the building official as are needed from time to time, provided such person shall not be appointed or hired as either an inspector or plans examiner unless that person meets the qualifications for licensure as an inspector or plans examiner as established in Chapter 553, Florida Statutes, as may be amended.

104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code.

104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the city manager.

104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and

orders issued. Such records shall be retained in the official records for the period required for retention of public records pursuant to Chapter 119, Florida Statutes.

104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the city in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the city until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

104.12 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official.

105.2.2 Minor Repairs. Ordinary minor repairs or installation of replacement parts may be made with the prior approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.

105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing

agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes:

1. Any electrical or plumbing or air-conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. The system:

1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value of over $125,000; and

2.a. Requires an aggregate service capacity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240 volts) on a commercial or industrial electrical system;

NOTE: It was further clarified by the Commission that the limiting factor of 240 volt or over is required to be designed by an Engineer.

b. Requires a plumbing system with 250 fixture units or more;

c. Requires a heating, ventilation, and air-conditioning system that exceeds a 15-ton-per-system capacity, or if the project is designed to accommodate over 100 persons.

NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building.

2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor IV, certified under Section 633.521 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system.

3. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000.

Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes.

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane.

105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.

107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes& 61G15 Florida Administrative Code or Chapter 481, Florida Statutes& 61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. (see also Section 107.3.5).

107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

Exceptions:

1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to section 9B-1.009, F.A.C., shall be sufficient for local permit application documents of record for the modular building portion of the permitted project.

2. Industrial construction on sites where design, construction and fire safety are supervised by appropriate licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval of the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors.

107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction

documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.

107.3.4 Design professional in responsible charge

107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official.

107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations:

Residential (one- and two-family):

* * *

7. Structural requirements shall include:

Wall section from foundation through roof, including assembly and materials connector tables wind requirements structural calculations (if required)

Termite protection

Design protection

Design loads

Wind requirements

Building envelope

Structural calculations (if required)

Foundation

Wall systems

Floor systems

Roof systems

* * *

12. Manufactured buildings plan except for foundations and modifications of buildings on site.

1. Site requirements

Setback/separation (assumed property lines)

Location of septic tanks (if applicable)

2. Structural

Wind zone

Anchoring

Blocking

3. Plumbing

List potable water source and meter size (if applicable)

4. Mechanical

Exhaust systems

Clothes dryer exhaust

Kitchen equipment exhaust

5. Electrical

Exterior disconnect location

107.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for approval as an amended set of construction documents.

109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:

· Permits;

· Plans examination;

· Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity);

· Re-inspections;

· Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board);

· Variance requests;

· Administrative appeals;

· Violations; and

· Other fees as established by local resolution or ordinance.

109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building official’s approval or the necessary permits shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within three (3) business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing.

109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

109.6 Refunds. The building official is authorized to establish a refund policy.

110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. The building official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes.

110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by 110. He or she may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, Qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues.

110.3 Required inspections. The building official, upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection.

Building:

1. Foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in

accordance with ASTM C 94, the concrete need not be on the job. and shall at a minimum include the following building components:

⋅Stem-wall

⋅Monolithic slab-on-grade

⋅Piling/pile caps

⋅Footers/grade beams

1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection.

1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official.

2. Framing inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved, and shall at a minimum include the following building components:

⋅Window/door framing and installation

⋅Vertical cells/columns

⋅Lintel/tie beams

⋅Framing/trusses/bracing/connectors(including truss layout & Engineered drawings)

⋅Draft stopping/fire blocking

⋅Curtain wall framing

⋅Energy insulation

⋅Accessibility

⋅Verify rough opening dimensions are within tolerances

⋅Window/door buck attachment

2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place.

2.2 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly.

3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components:

⋅Roof sheathing

⋅Wall sheathing

⋅Sheathing fasteners

⋅Roof/wall dry-in.

⋅Sheathing/cladding inspection

NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly reinstalled prior to installation of the dry-in material.

4. Roofing inspection. To be made as a minimum of two inspections and shall include the following building components:

⋅Dry-in

⋅Insulation

⋅Roof coverings (including In Progress as necessary)

⋅Flashing

5. Final inspection. To be made after the building is completed and ready for occupancy.

5.1. Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official.

6. Swimming pool inspection.

First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell.

Underground electric inspection.

Underground piping inspection including a pressure test

Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in place

Safety Inspection; Made prior to filling the pool with the bonding connections made, the proper drain covers installed and the final barriers installed.

Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17.

* * *

Site Debris

1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean.

2. All debris shall be kept in such a manner as to prevent it from being spread by any means.

110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed.

110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

SECTION 113 BOARD OF APPEALS.

113.1 Construction Board of Adjustment and Appeals. There is hereby established a board to be called the construction board of adjustments and appeals, which shall consist of the five (5) members of the Winter Springs City Commission. The term of office for each of the five (5) seats which comprise the board of adjustments and appeals shall be the term of office for the commissioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which commission seat vacancies are filled under the terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code of Ordinances.

113.2 Powers. The Construction Board of Adjustments and Appeals shall have the power, further defined in 113.3, to hear appeals of decisions and interpretations of the building official.

113.3 Appeals.

113.3.1 Decision of the building official. The owner of a building, structure or service system, or his or her duly authorized agent, may appeal a decision of the building official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist:

1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

2. The provisions of this code do not apply to this specific case.

3. That an equally good or more desirable form of installation can be employed in any specific case.

4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted.

113.3.2 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official. Appeals relating to provisions of the Florida Building Code, other than local amendments, may be appealed to the Florida Building Commission, pursuant to section 120.569, Florida Statutes, regarding the local governments action. Notice of Administrative Rights may be obtained from the building division.

113.3.3 Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

SECTION 114 VIOLATIONS

114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

114.2 Notice of violation. The building official or any city law enforcement officer or code enforcement official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in

violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official, law enforcement officer or code enforcement official is authorized to pursue code enforcement proceedings, request the city’s legal counsel to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT

116.1 The standards and enforcement procedures applicable to unsafe structures and equipment shall be governed by the International Property Maintenance Code, 2006, as adopted by Article VIII of this Chapter.

Sec. 6-32. - Administrative amendments to Chapter 2 of the Florida Building Code.

Chapter 2 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes is hereby amended in the following respects: (The section numbers in italics provided below are for reference purposes only, and are included to provide ease of reference between this chapter and the Florida Building Code.)

(a) 101.4.15 Words defined.

Abandon or abandonment. (1) Termination of a construction project by a contractor without just case or proper notification to the owner including the reason for termination. (2) Failure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hundred eighty (180) days from the previous inspection.

Appraised value. For the purpose of this section, appraised value is defined as either (1) one hundred and twenty (120) percent of the assessed value of the structure as indicated by the County Property Appraiser's Office or (2) the value as indicated in a certified appraisal from a certified appraiser.

Assessed value. The value of real property and improvements thereon as established by the County Property Appraiser.

Authorized agent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his stead.

Basic wind speed line. The basic wind speed line for the jurisdiction shall be established by the wind speed contour map attached to as Exhibit "A", and made part of, this chapter if applicable. Editor's note— Exhibit "A" is not set out herein but is available in the offices of the city.

Board. The appropriate City Board of Adjustment and Appeals, unless otherwise specifically stated. See section 6-31 (113.1) of this Code.

Building component. An element or assembly of elements integral to or part of a building.

Building official. An employee of the city with building construction regulation responsibilities charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinances. One person employed by the city as a building code administrator or building official and who is so certified pursuant to Florida law may be authorized to perform any plan review or inspection for which certification is required by Florida law.

Building shell. The structural components that completely enclose a building, including, but not limited to, the foundation, structural frame, floor slabs, exterior walls or roof system.

Building system. A functionally related group of elements, components and/or equipment, such as the electrical, plumbing and mechanical systems of a building.

Certification. The act or process of obtaining a certificate of competency from the state or municipality through the review of the applicant's experience and financial responsibility as well as successful passage of an examination.

Certificate of competency (certificate). An official document evidencing that a person is qualified to engage in the business of contracting, subcontracting or the work of a specific trade.

Certificate of experience. An official document evidencing that an applicant has satisfied the work experience requirements for a certificate of competency.

Certificate of occupancy (C.O.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the occupancy of a building.

Certified contractor. Any contractor who possesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida.

Change of occupancy. A change from one Building Code occupancy classification or subclassification to another.

Commercial building. Any building, structure, improvement or accessory thereto, other than a one-or two-family dwelling.

Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or a different times within a specified period of time.

Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the ground level.

Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise.

FCILB. The Florida Construction Industry Licensing Board.

Imminent danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure: Or due to structurally unsound conditions, any portion of the structure is likely to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby: Or the condition of the property is such that it harbors or is inhabited by pests, vermin, or organisms injurious to human health, the presence of which constitutes an immediate hazard to people in the vicinity.

Inspection warrant. A court order authorizing the official or his designee to perform an inspection of a particular property named in the warrant.

Intensification of use. An increase in capacity or number of units of a residential or commercial building.

Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof.

Licensed contractor. A contractor certified by the State of Florida or the local jurisdiction who has satisfied the all state or local requirements to be actively engaged in contracting.

Market value. As defined in floodplain regulations of this code.

Owner's agent. A person, firm or entity authorized in writing by the owner to act for or in place of the owner.

Permit. An official document authorizing performance of a specific activity regulated by this chapter.

Permit card or placard. A document issued by the jurisdiction evidencing the issuance of a permit and recording of inspections.

Qualifying agent, primary. A person who possesses the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, direct, manage, and control the contracting activities of the business organization with which he is associated; who has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit; and whose technical and personal qualifications have been

determined by investigation and examination and is evidenced by his possession of a certificate or competency.

Qualifying agent, secondary. A person who possesses the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate of competency.

Reciprocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in its jurisdiction equal in content with the examination required by this chapter.

Registered contractor. A contractor who has registered with the Department of Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements of the local jurisdiction.

Registration. The act or process of registering a locally obtained certificate of competency with the state, or the act or process of registering a state issued certificate of competency with the municipality.

Remodeling. Work which changes the original size, configuration or material of the components of a building.

Residential building. Any one- or two-family building or accessory.

Roofing. The installation of roof coverings.

Spa. Any constructed or prefabricated pool containing water jets.

Specialty contractor. A contractor whose services do not fall with the categories specified in Section 489.105(3), Florida Statutes, as amended.

State of construction:

(1) Site. The physical clearing of the site in preparation for foundation work including, but not limited to, site clearing, excavation, dewaterings, pilings and soil testing activities.

(2) Building. The removal, disassembly, repair, replacement, structure, building system or building components in whole or parts thereof.

Stop work order. An order by the building official, or his designee, which requires the immediate cessation of all work and work activities described in the order.

Structural component. Any part of a system, building or structure, load bearing, or non-load bearing, which is integral to the structural integrity thereof, including but not limited to walls, partitions, columns, beams and girders.

Structural work or alteration. The installation or assembling of new structural components into a system, building or structure. Also, any change, repair or replacement of any existing structural component of a system, building or structure.

Substantial completion. Where the construction work has been sufficiently completed in accordance with the applicable city, state and federal codes, so that the owner can occupy or utilize the project for the use for which it is intended.

Value. Job cost.

Sec. 6-33. - Local wind speed design criteria

The basic wind speed in miles per hour for the development of wind loads, shall be as follows:

(a) For Risk Category I Buildings – 129 MPH (see Seminole Figure 1609C).

(b) For Risk Category II Buildings – 139 MPH (see Seminole Figure 1609A).

( c) For Risk Category III Buildings – 149 MPH (see Seminole Figure 1609B).

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Sec. 6-34. - Adoption of Florida Building Code appendices.

Appendices D, E, F, and H of the Florida Building Code are hereby adopted by reference.

Secs. 6-35—6-45. - Reserved.

DIVISON 2. RESERVED.

ARTICLE III. - BUILDING CONSTRUCTION STANDARDS

Sec. 6-81. - Florida Building Code adopted

The city hereby adopts in its entirety the most recent version of the Florida Building Code, as may be amended from time to time. The provisions of the Florida Building Code shall govern all matters contained therein, except when local codes are more stringent, in which case local codes will govern pursuant to section 553.73, Florida Statutes, inclusive of electric, plumbing, and mechanical codes.

Sec. 6-82. - Reserved

Sec. 6-83. - Television dish antennas.

(a) Permit required. Except for those antennas that do not exceed one (1) meter (39.37 inches) in diameter and 12 feet in height, the installation of all television dish antennas and/or satellite antennas shall require a building permit. All television dish antennas and satellite antennas shall be subject to the following requirements:

(1) Television dish antennas or satellite antennas shall not be installed or attached to any part of the roof structure of any residential building.

(2) Television dish antennas or satellite antennas may be installed on or attached to roofs of commercial or industrial buildings but only upon submission of a certificate of an engineer or architect currently registered to do business in the state. Such certification shall be to the effect that a structural analysis has been made of the building and such building can safely support the specific antenna with a minimum adopted wind loading of one hundred twenty-nine (129) miles per hour.

(3) Television dish antennas or satellite antennas shall not be installed in front of the front line of any residential, commercial, or industrial building.

(4) Television dish antennas or satellite antennas may only be installed in side yards or back yards of any building.

(5) No portion of any antenna or support structure shall be closer than five (5) feet from any property line.

(6) Television dish antennas or satellite antennas shall not be located on any public way, easement, or parkway.

(7) Television dish antennas or satellite antennas shall not be installed in any designated parking area of any building.

(8) Except for subsection (a)(6), the requirements of this subsection (a) may be modified to the extent necessary for the television dish antenna or satellite antenna to receive an acceptable signal.

(b) Apartment and condominium buildings. Apartment or condominium buildings above three (3) stories in height shall be treated as commercial structures for the purpose of these regulations for television dish antenna or satellite antennas.

(c) Height restriction. The installation of any television dish antenna or satellite antenna shall not exceed the height restriction set forth in the zoning ordinance for that location.

The requirements set forth in this section are intended to further the City’s health, safety and aesthetic objectives to protect the public by ensuring that antennas are appropriately installed so as to withstand the minimum wind loads established by this chapter, and in the City’s residential districts, to maintain a visually pleasing environment free from unsightly technical equipment.

Sec. 6-84. - Accessory buildings.

(a) General. Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, private, detached garages, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory dwelling units (ADUs) shall be subject to section 6-85 of this Code and are not subject to the provisions of this section.

(b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet.

(1) Detached, accessory buildings may exceed twelve (12) feet in height or the maximum size of two hundred forty (240) square feet, provided the city manager or designee determines that each of the following criteria is satisfied:

(A) The accessory building does not exceed one-third (1/3) of the air-conditioned square footage area of the principal structure;

(B) The accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures;

(C) The accessory building will not adversely impact land use activities in the immediate vicinity;

(D) The height of the proposed accessory building does not exceed the height of the principal structure; and

(E) The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage.

(2) An accessory building that is attached to a principal structure by a breezeway is not considered an accessory building, but rather, is considered an expansion of the principal structure and is subject to satisfying all applicable requirements, including, but not limited to, setbacks and maximum lot coverage, of the zoning district in which the principal structure is located. It may therefore, exceed the height and size restrictions as noted above in subsection (b)(1); however, it shall not exceed the height of the principal structure. A breezeway is a covered passageway, which connects the principal structure to the proposed addition. It shall not exceed 35 feet in length. An application for waiver of the maximum breezeway length identified herein may be made pursuant to the procedures set forth in section 20-34 of this code.

(c) Location. All accessory buildings shall be located to the rear of the front facade of the principal structure.

(d) Permits. A building permit shall be required before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building.

(e) Setback requirements. Setbacks shall be the same as those of the principal structure, except that the rear yard setback for accessory buildings that are not attached to the principle structure by a breezeway may be reduced to six (6) feet.

(1) No accessory building shall be constructed or placed on an easement unless the easement expressly authorizes an accessory building to be constructed and maintained within the easement area.

(2) Detached, private garages which exceed twelve (12) feet in height or two hundred forty (240) square feet in area must meet the setbacks of the applicable zoning district for the principal structure.

(f) Upon application filed with the city, the city commission may vary the number, height, and size requirements set forth in this section or approve an accessory building on an adjacent lot by conditional use permit under the following conditions:

(1) The subject property has a residential rural future land use map designation under the city's comprehensive plan.

(2) The applicant submits for review and consideration a detailed architectural rendering of the proposed accessory building and a plot plan drawn to scale.

(3) The city commission finds that:

(a) The proposed accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures;

(b) The proposed accessory building will not adversely impact land use activities in the immediate vicinity;

(c) The height of the proposed accessory building does not exceed the height of the principal structure; and

(d) The accessory building shall meet the requirements of the applicable zoning district, including setback and maximum lot coverage.

(4) An accessory building may be constructed on a lot adjacent to the lot on which the principal building is located under the following conditions:

(a) The conditions set forth in subsections (1), (2), and (3) are satisfied.

(b) A legal instrument reasonably acceptable to the city is recorded in the public records of Seminole County that provides that the principal building lot and the adjacent lot are unified under common ownership and that in the event said ownership is ever separated, the accessory building shall be removed or a principal building shall be constructed on the adjacent lot within one (1) year from the date the lots are separated.

Sec. 6-85. - Accessory dwelling units.

An accessory dwelling unit (ADU) is an ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the principal dwelling, and which provides complete independent living facilities for one (1) or more persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required setbacks of the principal structure and may be either attached to or detached from the principal dwelling. Accessory dwelling units (ADUs) must conform to the following standards:

Accessory dwelling units (ADUs) must conform to the following standards:

(a) Zoning district. A property owner may request a conditional use approval to allow one (1) accessory dwelling unit in any of the following zoning districts:

R-1AAA Single-Family Dwelling District

R-CI Single-Family Dwelling District

R-1AA and R-1A One-Family Dwelling District

R-1 One-Family Dwelling District

Planned Unit Development District

(b) Existing development on lot. A single-family dwelling shall exist on the lot or will be constructed in conjunction with the ADU.

(c) Location. The ADU may be attached to or detached from the principal dwelling.

(d) Owner occupancy required; declaration of restrictions. The property owner shall occupy either the principal structure or the ADU. Prior to the issuance of a building permit for construction of an ADU, an applicant shall record in the public records of Seminole County a declaration of restrictions containing a reference to the legal description of the property and the deed under which the property was conveyed to the present owner stating that:

(1) The ADU shall not be sold or conveyed separate from the principal residence;

(2) The ADU is restricted to the approved size;

(3) The use permit for the ADU shall be in effect only so long as either the principal residence or the ADU is occupied by the owner of record as their principal residence;

(4) The declarations shall run with the land, shall be binding upon any successor in ownership of the property and that noncompliance shall be cause for code enforcement and/or revocation of the conditional use permit;

(5) The deed restrictions shall only be removed with the express, written approval of the city, but shall lapse upon removal of the accessory unit; and

(6) The ADU shall not be used for commercial purposes other than being leased for residential purposes.

(e) Number of ADUs per lot or parcel. Only one (1) ADU shall be allowed for each lot or parcel.

(f) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located.

(g) Building height and stories. The ADU shall meet the building height regulations for the zoning district in which it is located.

(h) Lot coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage regulations for the zoning district in which they are located.

(i) Parking and access. A minimum of one (1) parking space shall be provided on-site for the ADU in addition to the required off-street parking spaces required for the principal residence. The ADU shall be served by the same driveway as the principal dwelling.

(j) Water and wastewater services. An ADU is required to connect to the central water and sewer system where available. An ADU may be separately metered for utilities subject to all applicable ordinances and utility policies. Where central water and sewer service is not available, the septic system and well shall meet the capacity requirements.

(k) Other code requirements. The ADU shall comply with all applicable building codes.

(l) Lot size, minimum; principal residence minimum. A minimum lot size of six thousand six hundred (6,600) square feet is required and the principal residence shall be a minimum of one thousand three hundred fifty (1,350) square feet of air conditioned area.

(m) Unit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air conditioned area of the principal residence or eight hundred (800) square feet, whichever is less. However, the ADU shall contain no less than four hundred (400) square feet of air conditioned area. ADUs that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall have the unit square footage size measured similar to the interior square footage of a traditional frame house.

(n) Design. The ADU shall replicate the design of the principal dwelling by use of similar

exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The design is subject to the minimum community appearance and aesthetic review standards to ensure residential compatibility and harmony (see section 9-600 et. seq.).

(o) Privacy. Privacy and screening of adjacent properties is of utmost importance in the orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot and/or public street as much as possible. Windows which do face the adjoining property shall be designed to protect the privacy of neighbors. Landscaping shall be used to further provide for the privacy and screening of adjacent properties.

(p) Expiration. As with all conditional use approvals, if a building permit has not been issued within two (2) years for the ADU, the approval becomes null and void (see section 20-36).

(q) Approval process. The conditional use/aesthetic review approval of an ADU is subject to a public hearing. A notice will be sent to all property owners within one hundred fifty (150) feet of the subject property. An ADU will not be approved if prohibited by the declarations, covenants, conditions and restrictions of a homeowners' association. The city commission may impose reasonable conditions of approval to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan (see section 20-27 and section 20-33).

Sec. 6-86. - Screen enclosures/rooms.

(a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. The term “screen room” shall mean an enclosure consisting of walls of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar lightweight material.

(b) Setbacks. The screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject property. Notwithstanding any other applicable rear setback requirement, the screen enclosure/room shall not be located any closer than seven (7) feet from the rear property line of the subject property. On lakefront property, no screen enclosure/room shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level.

(c) Height. The screen enclosure/room shall not be higher than the primary structure on the subject property, except for instances when the principal structure does not exceeds twelve (12) feet in height. In these cases, the screen enclosure/room shall be set back an additional one (1) foot from the minimum setback requirements contained in subsection (b) for every additional foot above twelve feet.

(d) Easements. Screen enclosures/rooms shall not be constructed within an easement area, unless the easement expressly allows said construction.

(e) Screen enclosure/room modifications. If any portion of an existing screen enclosure/room is modified so that it no longer satisfies the definition in subsection (a), the modified screen enclosure/room shall meet all building setback and height requirements that are applicable to principal and accessory buildings for the subject property.

Sec. 6-87. - Reserved.

Sec. 6-88. - Temporary storage structures.

(a) Definition: For purposes of this section, "temporary storage structure" shall mean a structure designed and used primarily for storage of building materials, household goods, and other such material; and that is not intended for permanent installation.

(b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage structure within the City of Winter Springs. The permit shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy-two (72) consecutive hours. Permits shall also be limited to a maximum of two (2) per any twelve (12) month period for any specific address. A permit fee shall be required by resolution of the city commission and collected by the city. The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure will be installed.

(c) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs.

(d) For good cause shown by the owner of the property at which the temporary storage structure will be supplied, the time periods set forth in subparagraph (b) may be extended by the city manager. The duration of the extension shall be reasonably related and proportionate to the cause shown, but shall not exceed more than thirty (30) days per extension. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage.

Secs. 6-89—6-100. - Reserved.

ARTICLE IV. – ELECTRICAL, PLUMBING, MECHANICAL & GAS

Sec.6-101. - Electrical, plumbing, mechanical and gas work.

All electrical, plumbing, mechanical and gas work shall be performed and completed in accordance with the most recently adopted version of the Florida Building Code.

Sec. 6-102. - Reserved.

Sec. 6-103. - Reserved.

Sec. 6-104. - Reserved.

Sec. 6-126. - Reserved.

Sec. 6-127. - Reserved.

Sec. 6-128. - Reserved.

Sec. 6-129. - Reserved.

Sec. 6-146. - Reserved.

Sec. 6-147. - Reserved.

Sec. 6-148. - Reserved.

Sec. 6-149. - Reserved.

Sec. 6-165. - Reserved.

Sec. 6-166. - Reserved.

Sec. 6-167. - Reserved.

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Sec. 6-168. - Reserved.

Sec. 6-169. - Reserved.

Secs. 6-170—6-185. - Reserved.

ARTICLE V - FENCES, WALLS, HEDGES

Sec. 6-186. - Permit required.

Plans showing the location of any proposed fence or wall in excess of one hundred dollars ($100.00) cumulative value and the type of construction shall be submitted to the building official and a permit obtained therefore from the building official.

Sec. 6-187. - Construction materials.

Fences and walls constructed within the city shall conform to one (1) of the following:

(a) Wood fences constructed of rot-and termite-resistive species of wood or chemically pressure-treated to resist rot and termite attack.

(b) Street posts and wire fabric fences with fabric of a minimum of eleven gauge galvanized or other non-corrodible metal.

(c) Ornamental iron.

(d) Ventilated concrete or masonry.

(e) Decorative PVC or aluminum, structurally sound to maintain spans.

Sec. 6-188. - Exceptions to section 6-187.

In the R-CI (Single-family dwelling district) zoning classifications, which allows for horses, barbed wire fences will be permitted as well as fabric fences with fabric of less than a minimum of eleven-gauge galvanized or other noncorrodible metal.

Sec. 6-189. - When barbed wire permissible.

In the I-1 (Light Industrial) zone where security fences are permitted, barbed wire may be used above six (6) feet.

Sec. 6-190. - Height limitations generally.

Unless otherwise specifically provided in any zoning district category, all walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights:

(a) If front of the front building line, no more than four (4) feet in height;

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(b) If to the rear of the front building line, provided the provisions of section 6-191 are met for corner lots, no more than eight (8) feet in height;

(c) Fences no more than four feet six inches (4′6˝) in height may be permitted on a case-by-case basis by the city manager to be located in front of the building line in zoning districts which provide for horses and ponies or commercial riding stables as permitted uses. Any fence approved by the city manager under this subsection shall be constructed using non-opaque material.

Sec. 6-191. - Corner lots.

(a) In order to ensure visibility and safety for pedestrians, and to provide clear sight lines for traffic entering an intersection, no fence, wall or other visual obstruction shall be erected, within twenty-five (25) feet of the intersecting property line corner adjacent to the street intersection corners.

(b) When the side of the principle structure on a corner lot faces a road right-of-way on which adjacent dwellings have frontage, then any fence located on the corner lot shall be subject to the height limitations set forth in section 6-190(a) to permit a clear field of visibility for pedestrians and/or vehicles entering or exiting the adjacent property.

Sec. 6-192. - Utility easements.

(a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installation of new utilities or repairing or maintaining installed utilities, it shall be the responsibility of the property owner to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance.

(b) A dedicated right-of-way shall not be fenced by any private citizen.

Sec. 6-193. - Distance from property line.

Fences, walls or other visible obstructions must be at least three (3) inches from property lines, except adjacent property owners may connect or otherwise attach their respective fences and walls in order to eliminate any gap or space between the fences and walls. The property owner's mutual written consent must be provided on a form acceptable to the city prior to the city permitting any such connection or attachment.

Sec. 6-194. - Article provisions not controlling; exception.

Provisions of this article do not supersede or control deed restrictions running with the land unless the provisions herein are more stringent than in the deed restriction.

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Sec. 6-195. - Maintenance of fences or walls.

All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was originally approved by the building official at the time a permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this Article. Within thirty (30) days receipt of written notice by the City that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section within thirty (30) days of receipt of such notice. The thirty-day period may be extended an additional thirty-day period by the City Manager or the City Manager’s designee for good cause shown.

Secs. 6-196—6-209. - Reserved.

ARTICLE VI. - SWIMMING POOLS

Sec. 6-210. - Florida Building Code.

All swimming pools shall be constructed in accordance with the applicable provisions of the Florida Building Code, as may be amended.

Sec. 6-211. - Definitions.

As used herein, the following words, phrases, terms and their derivations shall have the meanings stated herein.

Pool is a facility containing or intended to contain, water of a total volume greater than twenty-five hundred (2500) gallons, and/or is over twenty-four (24) inches in depth, with surface area exceeding one hundred fifty (150) square feet, used only by an individual citizen and his family or bona fide guests and shall not include ownership, operation or use by any type of club, cooperative housing or joint tenancy of two (2) or more families.

Sec. 6-212. - Application for permit; plans and specifications.

Before any work is commenced on the construction of a pool or any structural alteration, addition or the remodeling thereof, an application for a permit to construct such pool, accompanied by two (2) sets of plans and specifications and pertinent explanatory data, shall be furnished to the building official of the city for his approval, and no part of the work shall be commenced until the building official has granted such permit to construct and has further evidenced his approval by a suitable endorsement upon such plans and specifications, and no such pool shall be used until final inspection has been made and approved by the building official. The building official shall review such plans and specifications to determine whether they comply with the provisions of this article and with all other applicable codes.

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Sec. 6-213. - Inspections.

(a) The building inspector, upon notification from the permit holder or his agent, shall make the inspections in this section and such other inspections as may be necessary, and shall either approve that portion of the work as completed, or shall notify the permit holder or his agent wherein the work fails to comply with this article.

(b) The first inspection shall be made after excavation and reinforcing steel or structural framework is in place; second inspection, plumbing rough-in and electrical rough-in; third inspection, pool deck, pool safety inspection, and final inspection, to be made on completion and ready for use.

(c) During construction, all excavation must be enclosed by fencing which is a minimum of five (5) feet high and capable of preventing access by children. This fence must be in place at the time of the first inspection and remain in place until the pool is completed. This fencing may be of temporary construction or it may be of the permanent type required pursuant to Florida law. If of temporary construction, it must be replaced by the permanent enclosure required by Florida law section 6-217 prior to issuance by the building official of final approval of the pool.

Sec. 6-214. - Contractor's qualifications.

No person shall be permitted to construct any family pool unless such person is licensed as a general contractor or a swimming pool contractor.

Sec. 6-215. - Reserved.

Sec. 6-216. - Reserved.

Sec. 6-217. - Reserved.

Sec. 6-218. – Reserved.

Sec. 6-219. - Yards.

(a) No pool (excluding surrounding patio) shall be located closer to the side yard property line of the lot, parcel or piece of land upon which such pool is located than the distance required by the zoning ordinances of the city for side yards in the zone in which the property is located, plus three (3) feet, not less than ten (10) feet from the rear property line, nor shall any part of the pool structure within and including the coping intrude upon any easement.

(b) No pool shall be located nearer to the front line of the lot, parcel or piece of land than the main or principal building or residence to which the pool is an accessory, except that for waterfront lots a pool shall be located not less than fifteen (15) feet from the present or proposed high-water control level of the lake. All distances shall be measured from six (6) inches outside the inside wall of pool.

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Sec. 6-220 - Pool removal.

The removal of a pool shall involve the complete removal of the pool’s structural shell, as well as all related equipment and appurtenances. The site shall be restored to its original condition at approved grade.

Sec. 6-221 – Reserved.

Sec. 6-222- Nuisances.

(a) It is the responsibility of the pool owner to see that the operation of his pool does not cause undue noise or excess lighting which might prevent the enjoyment by adjoining property owners of their property.

(b) Upon construction of a swimming pool, the owner or persons responsible for its operation shall keep in service all items designed for the purification of the water supply or its protection from pollution to perform adequately the function for which such were designed.

(c) If any pool shall be allowed to contain stagnant or foul water or water containing more than 1,000 M.P.N. of E. coli, the city shall give the owner of the pool fifteen (15) days' notice to correct the deficiency. Should any owners not comply with the provisions of this section by draining or cleaning such pool, the city may then proceed with such work and the cost thereof shall be charged against the owners of the land and shall remain a lien against such land until paid. Failure by the owner to proceed within the fifteen-day period shall also be a violation of this article and punishable in accordance with section 1-15

Secs. 6-223 — 6-258. - Reserved.

ARTICLE VII - CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO OBTAIN BUILDING PERMIT

Sec. 6-270. - Intent and purpose.

It is the intent and purpose of this article to authorize the issuance of citations for violations of Sections 489.127 and 489.132(1), Florida Statutes, as may be amended or renumbered from time to time by the Florida Legislature. It is also the intent and purpose of this article to establish a procedure to implement the issuance of such citations by code enforcement officers, who under this article shall be the building official and those persons designated a code enforcement officer under section 2-67, Winter Springs Code. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other lawful means.

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Sec. 6-271. - Findings.

The city commission of the City of Winter Springs hereby finds:

(a) The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health, safety, and welfare and jeopardizes the safety of occupants of buildings.

(b) The performance of construction by contractors who are not duly licensed, when a contracting license is required, may pose a danger of significant harm to the public when incompetent or dishonest unlicensed contractors provide unsafe, unstable, or short-lived products or services.

Sec. 6-272. - Citation authorized for construction contracting violations.

A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489.132(1), Florida Statutes, whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this article and Florida Statutes. This article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer.

Sec. 6-273. - Citation form.

A citation issued by a code enforcement officer shall be in a form prescribed by the city commission by resolution, and shall contain at a minimum:

(a) The time and date of issuance.

(b) The name and address of the person to whom the citation is issued.

(c) The time and date of the violation.

(d) A brief description of the violation and the facts constituting reasonable cause.

(e) The name of the code enforcement officer.

(f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

(g) The applicable civil penalty if the person elects not to contest the citation.

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Sec. 6-274. - Penalty.

In addition to any other criminal penalties provided by Section 489.127(2), Florida Statutes, a civil penalty of five hundred dollars ($500.00) shall be levied for any violation of this article. All monies collected by the city from citations issued under this article shall be deposited in the city's general fund and may be expended for any public purpose authorized by the city commission. A person cited for a violation pursuant to this article is deemed to be charged with a non-criminal infraction. Each violation is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction.

Sec. 6-275. - Refusal to sign citation.

Except in the absence of the person who has committed the violation, a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the Winter Springs Police Department to report such violation of this article and Section 489.127(5)(m), Florida Statutes.

Sec. 6-276. - Stop work.

Any person who is issued a citation under this article shall immediately cease the act for which the citation was issued upon receipt of the citation.

Sec. 6-277. - Correction of violation; payment of penalty; notice of hearing.

Upon receipt of a citation, the person charged with the violation shall elect either to:

(a) Correct the violation and pay to the city the civil penalty in the manner indicated on the citation; or

(b) Within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the city's code enforcement board to appeal the issuance of the citation in accordance with the procedures set forth in this article. Any request for an administrative hearing shall be made and delivered in writing to the city manager by the time set forth in this subsection. Failure to request an administrative hearing in writing within the ten (10) day time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of said right shall be deemed an admission of the violation, and penalties shall be imposed as set forth on the citation.

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Sec. 6-278. - Administrative hearings; accrual of penalties.

(a) All administrative hearings held pursuant to this article shall be conducted by the code enforcement board in accordance with the requirements of the Local Government Code Enforcement Boards Act.

(b) During the administrative hearing, if the violator demonstrates to the code enforcement board that the violation is invalid or that the violation has been corrected prior to appearing before the code enforcement board, the code enforcement board may dismiss the citation unless the violation is irreparable or irreversible, in which case the code enforcement board may order the violator to pay a civil penalty as set forth in subsection (c) below.

(c) During the administrative hearing, if the code enforcement board finds that a violation exists, the code enforcement board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than one thousand dollars ($1,000.00) per day for each violation. In determining the amount of the penalty, the code enforcement board shall consider the following facts:

(1) The gravity of the violation.

(2) Any actions taken by the violation to correct the violation.

(3) Any previous violations which were committed by the violator.

(d) During the administrative hearing, if the code enforcement board finds that the violator

had not contested or paid the civil penalty set forth in the citation within the time required in this article, the code enforcement board shall enter an order ordering the violator to pay the civil penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such order.

(e) All civil penalties imposed by the code enforcement board under this article shall continue to accrue until the violator comes into compliance or until a judgement is rendered by a court to collect or foreclose on a lien filed under this article, whichever occurs first, regardless of whether or not the order of the code enforcement board sets forth this accrual requirement.

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Sec. 6-279. - Appeals of code enforcement board decisions.

Any person aggrieved by a final administrative order of the code enforcement board pursuant to this article, including the city commission, may appeal the order to the circuit court in accordance with Section 489.127(5)(J), Florida Statutes, as may be amended or renumbered from time to time by the Florida Legislature.

Sec. 6-280. - Recording code enforcement board orders.

A certified copy of an order of the code enforcement board imposing a civil penalty under this article may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Florida law.

Sec. 6-281. - Notices.

All notices required by this article shall be provided to the violator by certified mail, return receipt requested; by hand delivery by a law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his or her family above fifteen (15) years of age and informing such person of the contents of the notice; or by including a hearing date within the citation.

Secs. 6-282—6-299. - Reserved.

ARTICLE VIII. - INTERNATIONAL PROPERTY MAINTENANCE CODE

Sec. 6-300. - International Property Maintenance Code adopted.

The city hereby adopts in its entirety the 2006 International Property Maintenance Code, a copy of which is attached hereto as Exhibit "A" (herein after referred to as "Maintenance Code"), except as amended as follows:

(a) Pursuant to section 101.1 of the Maintenance Code:

The regulations shall be known as the "Property Maintenance Code of the City of Winter Springs."

(b) Section 101.3 of the Maintenance Code is amended in its entirety to read as follows:

Application of other codes, repairs, additions or alterations to structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Florida Building Code, Florida Fire Prevention Code, Florida Life Safety Code, and the City Code. It is not the intent of the Maintenance Code to affect any of the requirements in the City's zoning code.

(c) Section 102.7 of the Maintenance Code is deleted in its entirety.

(d) Section 103 is deleted in its entirety and replaced with the following:

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The "code official(s)" responsible for enforcing the provisions of the Maintenance Code shall be the city's code enforcement officers and the city's building official or such other person deemed qualified by the city manager.

(e) Section 106 is deleted in its entirety and replaced with the following:

(1) It shall be unlawful for any person, corporation, or other entity to be in violation of any provision of this Maintenance Code. Violations shall constitute a public nuisance and shall be deemed a strict liability offense.

(2) Violations of the Maintenance Code shall be prosecuted by the city by any lawful means available including, but not limited to, actions before the code enforcement board, civil code enforcement citation, and by an independent action before a court of law. Penalties and additional city remedies for violations hereof shall be as provided under section 1-15 of the city code. For purposes of a civil citation, each violation shall constitute a class IV violation.

(3) In the event that a person fails to comply with a notice of violation issued by a code official or order rendered by the code enforcement board, the city manager is hereby authorized to take lawful steps including, but not limited to, instituting an appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require removal or termination of the unlawful occupancy of the building in violation of this Maintenance Code. If the city causes the conditions constituting the violation to be immediately remedied, any expenses incurred by the city to remedy the violation including, but not limited to, contractor and material costs, administrative overhead, attorneys fees, and other related costs shall be assessed by lien against the property on which the violation occurs. Such assessment liens shall be prior to all other liens on such property except the lien of state, county, and municipal taxes and shall be in parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by the city in the manner provided by law for the foreclosure of mortgages.

(f) Section 109.5 is deleted in its entirety and shall read as follows:

The city manager is authorized to expend funds in the performance of emergency repairs under this section. If emergency repairs are performed by the city, any expenses incurred by the city to make said repairs including, but not limited to, contractor and material costs, administrative overhead, attorneys fees, and other related costs shall be assessed by lien against the property on which the emergency repairs occurred. Such assessment liens shall be prior to all other liens on such property except the lien of state, county, and municipal taxes and shall be in parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by the city in the manner provided by law for the foreclosure of mortgages.

(g) Section 111 is amended is as follows:

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(1) The code enforcement board shall serve as the board of appeals under the Maintenance Code.

(2) Section 111.1 is deleted in its entirety and shall read as follows: Any person directly affected by an administrative decision of the code official shall have the right to appeal to the board of appeals an interpretation or application of the Maintenance Code by filing a notice of appeal with the code official within twenty (20) days of said interpretation or application. However, once a code official or the city has initiated enforcement proceedings under the Maintenance Code, a person is barred from bringing an appeal under this section related to the interpretation or application of any provision of the Maintenance Code which is the subject matter of the enforcement proceeding until such time the enforcement proceeding has been concluded through all appeals.

(3) Sections 111.2 through 111.7 are deleted in their entirety.

(4) Section 111.7 shall read as follows:

Any person aggrieved by a final decision of the code enforcement board serving as the board of appeals under this section shall have the right to appeal said decision to a court of competent jurisdiction.

(h) Section 201.3 is deleted in its entirety and shall read as follows:

Where terms are not defined in this code and are defined in the Florida Building Code or Florida Fire and Life Safety Code, such terms shall have the meanings ascribed to them as stated in those codes.

(i) The first sentence of Section 302.4 is amended to insert "ten (10) inches."

(j) Section 304.14 is amended to delete the preface in the first sentence, "During the period

from [DATE] to [DATE],".

(k) Section 602.3 and 602.4 are amended to add a date range of "October 15 to April 30."

(l) Chapter 7 is amended to substitute all references to the "International Fire Code" with the reference to the "Florida Fire Prevention Code." In additional, all references to the "International Building Code" shall be substituted with the reference to the "Florida Building Code."

(m) Chapter 8 is deleted in its entirety.

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Sec. 6-301. - Supplemental; minimum standards.

The Maintenance Code shall be deemed supplemental, and in addition to, any other city code. However, to the extent that a conflict exists between the Maintenance Code, and any other city code, the conflicting provision that most protects life and property shall apply. In addition, with respect to any conflicting enforcement procedures set forth in the city code, said enforcement procedures shall not be deemed conflicting, but rather alternative methods to enforce the applicable city codes.

Sec. 6-302. - Preemption; Florida Building Code; Florida Fire and Life Safety Code.

To the extent that any provision of the Florida Building Code and Florida Fire Prevention Code conflicts with and preempts any provision of the Maintenance Code, the Maintenance Code provision which is conflicting and preempted shall not apply.